Samuel Krawitz v. James J. P. McShane United States Marshal

297 F.2d 436

• Court: Court of Appeals for the D.C. Circuit
• Decided: December 7, 1961
• Docket: 16424
• Status: Published

Opinion

PER CURIAM.

Appellant sued in the District Court for a declaratory judgment that his removal from his position in the office of the United States Marshal, by a reduction in force, was not accomplished in a valid manner. He sought restoration to his position. The personnel action referred to occurred during the tenure of the predecessor of appellee McShane, who is the present Marshal. The chief contention of appellant was, and remains, that he held the position of a Deputy United States Marshal, and that the reduction in force applied only to one who held the position of a clerk and therefore had no application to him. The court, Judge Tamm ¡sitting, gave judgment for appellees.

Notwithstanding some ambiguity in the status of appellant’s position under the Marshal we conclude that the District Court correctly held that the position ■came within the clerk classification and that accordingly the reduction in force applied to appellant.

Affirmed.